May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with current directives and recommendations as detailed below, as of June 1, 2020, mediations in Industrial Commission cases may be conducted either in person or remotely by consent, though mediators have been advised by the Dispute Resolution Commission that mediations shall, to the fullest extent possible, be conducted remotely.
In Industrial Commission cases where all parties have not consented to a remote mediation, any party may have the physical attendance requirement excused or modified by order of the Commission, pursuant to Rule 11 NCAC 23G .0104(b). The party seeking to have the physical attendance requirement excused or modified should file a motion pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111 and should address the motion to the Commission’s Dispute Resolution Coordinator, John Schafer.
Current Directives and Recommendations
Chief Justice Beasley’s April 2, 2020 Order directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020, unless the proceeding is conducted remotely or unless another exception applies. The Dispute Resolution Commission thereafter advised that through May 31, 2020, mediations may be conducted remotely by consent; otherwise, the mediation should be scheduled or rescheduled for on or after June 1, 2020.
On May 14, 2020, the Dispute Resolution Commission transmitted a memo to all certified mediators concerning the safety of mediators and other participants and the recommended procedures to follow as of June 1, 2020. The memo advised that as of June 1, 2020, mediations may be conducted in person or remotely by consent. The memo further stated, “Mediations shall, to the fullest extent possible, be conducted remotely via video or teleconference.” Additionally, the memo stated, “Any mediation conducted in person shall be done in strict compliance with all executive orders and social distancing requirements. All parties to the mediation shall use appropriate social distancing practices and safety procedures.”
As always, if you have any questions about the current NCIC policies, please email me at email@example.com, and I will seek further input/guidance from the Commission.
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